QUEENSLAND INSTITUTE OF TECHNOLOGY
7. Breach of Discipline, Inefficiency, Incompetence or Neglect in the Performance of Duties
(a) A person shall make any allegation of a breach of discipline, inefficiency, incompetence or neglect in writing to the Director.
(b) The Director shall investigate each allegation and shall- (i) determine no further action is required; or
(ii) recommend to Council, in writing, that Council deter- mine the matter.
(c) (i) In the case of paragraph (b)(i), the Director shall give notice of his decision to the person making the allegation;
(ii) A person may, not later than fourteen· days after receiving notice from the Director, request the Sec- retary of the Council to refer the allegation to the Council for determination;
(iii) In the case of paragraph (b)(ii) or (c)(ii), the Director shall furnish the Secretary of the Council a report on the allegation;
(iv) The Secretary of the Council shall forward the alle- gation and the report of the Director to the next Council meeting;
(v) The Secretary of the Council shall forward a copy of, the allegation referred to in subparagraph (a) and the Director's report to the employee.
(d) The employee shall be furnished with a copy of a recom- mendation made under paragraph (b)(ii).
8. The Council shall not make a determination in respect of an allegation until the expiration of twenty-one days after the employee has received a copy of the Director's report.
9. If (a) the Council or (b) t11e employee elects the Council shall refer the matter to an Advisory Committee for a recommendation.
10. (a) The Council may appoint an Advisory Committee.
(b) The Advisory Committee shall consist of-
(i) The Chairman of Council or his nominee who shall be Chairman;
(ii) Two persons nominated by Council;
(iii) Two persons nominated by the secretary of a relevant registered Industrial Union;
(iv) Should two persons fail to be nominated within seven days of being requested so to do by Council under paragraph (iii), two persons nominated by Council.
(c) The Director shall not be a member.
(d) The functions of the Advisory Committee shall be to enquire into the matter and make a recommendation to Council.
(e) The Advisory Committee shall hear all submissions from all relevant persons including the employee.
(f) The Advisory Committee shall make a recommendation to the Council in writing.
11. (a) The Council shall hear and determine a matter-
(i) that has not been the subject of a recommendation by , an Advisory Committee; or
(ii) that has been the subject of a recommendation by an Advisory Committee.
(b) In respect of paragraph 11(a)(i), the Council shall consider the aJiegation, Director's report and any further evidence it thinks fit.
(c) In respect of paragraph 11 (a)(ii), the Council shall consider the recommendation from the Advisory Committee.
(d) An employee shall be 'given a reasonable opportunity to make written, oral or written and oral submissions to the Council or the Advisory Committee, but not both.
12. The Council shall having made its determination- (a) dismiss the allegation; or
(b) find the employee guilty of a breach of discipline.
13. The Counoil may impose any one or more than one ofthefollowing penalties in respect of an employee who is found guilty of any of the matters referred to in paragraph 7(a)-
(a) reprimand the employee;
(b) give such directions to the employee as to the performance of work and conduct as the Council deems appropriate;
(c) fine the employee an amount not exceeding 10 Penalty Units;
(d) suspend payment of the employee's salary increment or increments;
(e) reduce the employee in status, salary or both for a period as the Council determines;
(f) dismiss the employee;
(g) order the employee make restitution or compensation.
14. The Secretary of the Council shall give the employee notice in writing of the decision of Council.
15. Proceedings before the Council or the advisory Committee shall be treated by the parties as confidential.
16. For the purposes of these By-laws, where an allegation'is made against the Director, the term 'Director' shall be read as 'Chairman of Council'.
17. It shall be a breach of discipline to make a frivolous or vexatious allegation against an employee of the Institute.
18. Suspension
(a) The Director may suspend an employee without pay where a
serious allegation has been forwarded by the Director to the Council for determination.
(b) The Council may suspend an employee without pay where a serious allegation has been forwarded to the Council for determination.
(c) An employee shall cease to perform duties at the Institute during the period of his suspension.
(d) An employee who has been suspended shall not enter the Institute except on the terms and conditions accompanying the suspension.
19. (a) A suspension may be removed by- (i) the Council;
(ii) the Director, at any time.
(b) A suspension shall be automatically removed by a finding that no allegation is made out.
(c) Following the removal of a suspension, the Council may, in its absolute discretion, make an order that,
(i) a sum of money be paid to the employee, by the Institute, equivalent to a sum which would have been received by the employee as usual remuneration had the employee not been suspended from his employment; and
(ii) the employee be deemed to have been in full employ- ment within the Institute, without suspension, during the time of the suspension and that the employee attract all consequent benefits derived or to be derived by the employee, as a consequence of that employment.
20. Representation
(a) An employee may be represented by-
(i) an official or member of a relevant registered Industrial Union; or
(ii) with the consent of the Council and the Director by a barrister or a solicitor.
(b) The Council and the Director may be assisted by a barrister or a solicitor where the employee is being represented by a barrister or a solicitor.
The foregoing By-Law was made at a meeting of the Council of the Queensland Institute of Technology held on the twentieth day of November, 1986.
BY-LAW NO.9
Student Discipline
1. Application of By-law. Except where otherwise herein expressly
provided this By-law applies to all breaches of discipline as herein defined committed by a student within any boundary or the precincts of the Institute.
2. Breach of Discipline. A student who contravenes or fails to comply with any By-law or Rule oft he Institute or any lawful order of any of its employees is guilty of a simple breach of discipline.
3. Misconduct. 'Misconduct' means conduct on the part of a student which impairs or interferes with the freedom or ability of other persons to pursue their studies, researches, duties or lawful activities in the Institute or upon premises of the Institute or to participate in the life of the Institute or is otherwise detrimental to the proper conduct or good order of the Institute or which while or as a member of an accredited or representative body of students and whether or not occurring or taking place upon premises of the Institute is such as to prejudice or adversely affect the studies, researches or duties of any student of the Institute.
Without prejudice to the generality of the foregoing the expression includes-
(a) disrupting or obstructing any teaching activity, examination or official meeting or proceeding of or within the Institute;
(b) refusing to leave any building or part of a building of the Institute upon being reasonably directed by a senior officer of the Institute to leave it;
(c) knowingly entering any place within the premises of the Institute which the student is forbidden by a senior officer of the Institute or by a statute or rule to enter;
(d) knowingly divulging confidential information relating to any Institute matter which is clearly of a confidential nature and which he has no right to divulge;
(e) obstructing or attempting to interfere with the lawful perform- ance of his duties by any officer or employee of the Institute;
(f) intentionally damaging or wrongfully dealing with any property in or upon Institute premises;
(g) unlawfully assaulting a person on Institute premises;
(h) failing to comply with any action taken under this By-law other than non-payment of a fine;
(i) committing a breach of any By-law or Rule of the Institute the breach of which by that By-law or Rule is declared to be misconduct for the purposes of this By-Jaw;
(j) making a false representation as to a matter affecting him as a student of the Institute.
'Senior Officer of the Institute' means the Director the Registrar the Bursar the Head of a Department any member of the teaching staff;
the Librarian the Manager of the Bookshop the Director of Administration of the Queensland Institute of Technology Union and any other person designated as such in writing by the Director.
'The premises of the Institute' means any land, building or improvements owned or occupied by or which are or may be in the possession or under the control or management of the Institute.
'An accredited or representative body' shall be and be deemed to be one which the Director certifies to be concerned or engaged or having been concerned or engaged in or on an educational activity of the Institute.
4. Powers of Staff. A member of the teaching staff a librarian in charge of the library the Bursar the Registrar or the person for the time being acting as or carrying out the duties of Bursar or Registrar may in respect of any simple breach of discipline by a student committed in a class, laboratory, library or facility or premises under his management or control suspend the student from attendance at such class or from use of such laboratory, library, facility or premises for a period not exceeding twenty-tour hours as he may determine and shall forthwith advise the Head of Department or if there be no appropriate such Head of Department the Registrar or the person for the time being acting as Registrar of the action taken. The Head of Department or the Registrar or person acting as Registrar as the case may be shall forthwith advise the Director. In the event that there be doubt or lack of definition as to who has such management or control of any part or parts of the Institute the Registrar or the person tor the time being acting as Registrar shall be deemed to have such management or control.
5. Powers of Heads of Departments and Persons in Charge of Faci/Wes or Services. Heads of Departments and persons in charge of facilities and services may in respect of any simple breach of discipline by the student committed in the department or area of the Institute under the control of the Head of Department or such person so in charge suspend the student from entering into that part of the Institute for a period not exceeding twenty-four hours. The Head of the Department or such person as aforesaid shall forthwith advise the Director of the action taken.
6. Powers of the Director. The Director whether following receipt of advice as referred to in the preceding sections 4 and 5 of this By-law or otherwise may after the student has been given reason- able opportunity to be heard in respect of any simple breach of discipline fine a student an amount not exceeding $25 or altern- atively or in addition may take any one or more of the following courses of action -
(a) Reprimand and warn the student against repetition of the simple breach of discipline;
(b) Suspend the student for a period not exceeding one week which shall include any period of suspension imposed under sections 4 or 5 of this By-law;
(c) Suspend the student from examinations either prior to or during the currency thereof provided that a student may not
be so suspended during the currency of an examination unless the Director is of the opinion that such action is necessary to enable other candidates to concentrate or to preserve peace, order or decorum in the examination centre.
7. (a) Where any misconduct is alleged to have been committed the following provisions shall apply-
(i) Notice of the charge shall be stated in writing with reasonable particularity by the Director and a copy thereof together with no less than seven days' notice of the date and place of hearing shall be given to the student and to the Director of Administration Queens- land Institute of Technology Union.
(ii) The guilt or otherwise of the student shall be determined by a committee of which the Chairman and two other members shall be appointed by the Council and to which the Queensland Institute of Technology Union shall have the right to appoint up to three members but no appointment by the Queensland Institute of Tech- nology Union shall be valid and effective unless written accreditation has been lodged with the Director before the hearing begins. Any of the committee members may be appointed for a stated or any undetermined period.
(iii) A student shall be entitled to be represented by Counsel or solictor or by such other person being willing to act as he may appoint. In the event of any such representation of a student the Chairman or Deputy Chairman may appoint to the committee for the particular hearing a barrister or solicitor of the Supreme Court of Queensland and the Chairman for the time being of the committee may adjourn the hearing to enable and effect such further appointment to the committee. Such barrister or solicitor shall advise the committee from time to time as the committee or any member of the committee may request but such barrister or solicitor shall not have nor exercise any vote.
(iv) Three members of the committee shall constitute a quorum and the decision oft he majority of the members taking part in the hearing shall be the decision of the committee.
(v) The Chairman shall have a primary vote only.
(vi) In the case of an equality of votes the student shall be found not guilty.
(b) Where a student is found guilty of misconduct the committee- (i) may fine him an amount not exceeding $100, and (ii) may order him to pay restitution or compensation to
the Institute and may assess the amount thereof, and (iii) may recommend to the Council that he be suspended
or excluded from the Institute for a specified period or be expelled therefrom.
8. Procedure. Any proceedings under this By-law including an appeal shall be heard and finalised without delay. A student shall be given a reasonable opportunity of answering any allegation against him of misconduct.
The Chairman of the committee shall keep or direct to be kept a reasonably comprehensive record of the proceedings for use of the Council in the event of an appeal and a copy of such record shall be made available to the student upon request.
9. Appeal. A student convicted of any breach of discipline shall be entitled to have the matter reviewed by the Council but subject to the condition that within fourteen days of his conviction he gives written notice in that behalf to the Director and sets out therein the grounds of his appeal and such other relevant matters and contentions as he desires to have considered by the Council.
Unless the Council otherwise directs the matter shall be considered in the first instance by an Appeals Committee (none of whom shall have sat upon the committee referred to in section 7 hereof) of which the Chairman and two other members shall be appointed by the Council and the Queensland Institute of Technology Union shall have the right to appoint three members but any appointment by the Queensland Institute of Technology Union shall not be valid and effective unless written accreditation has been lodged with the Director before the hearing begins and the provisions of section 7 hereof mutatis mutandis shall apply to such committee. The review shall be decided upon a consideration of the record kept pursuant to section 8 hereof (or in the case of a simple breach of discipline of a report of the Director) and of any notice given by the student as abovementioned unless the Council or the committee (as the case may be) considers that there should be further enquiry and in that event further evidence may be heard.
The student shall have the same rights in relation to the taking of this evidence as he had in relation to the evidence taken at the hearing and any written submission by him in relation thereto shall be taken into consideration provided that such submission is given to the Director within fourteen days from the conclusion of such evidence.
The Appeals Committee shall report to the Council which may confirm or set aside a conviction and may confirm, set aside or vary in whole or in part any fine and any order for restitution or compensation and where the conviction has been confirmed it may order that the student be suspended or excluded from the Institute for a specified period or be expelled therefrom.
10. Interim Order of Suspension. In circumstances where the Director considers that the good order or discipline of the Institute so requires he may order that a student charged with misconduct shall be suspended from such Institute activities as the Director shall determine pending the determination oft he charge. Provided
that a student shall not be so suspended during the currency of any examination unless the Director is of opinion that such action is necessary to enable other candidates to concentrate or to preserve peace, order or decorum in the examination centre.
The Institution of an appeal shall not operate so as to stay or suspend any such order made by the Director unless the Director otherwise directs.
11. Enforcement of sentences. The imposition of any fine and any